A domestic violence arrest in Los Angeles starts a scary legal journey with serious outcomes. At Perlman & Cohen Los Angeles Criminal Lawyers, our domestic violence defense lawyers know how confusing this time can be. The first steps after a domestic violence incident shape your whole case. Our criminal defense attorneys have guided many clients through these tough times, and we're ready to fight for your rights, too.
When police respond to domestic violence calls, they follow strict steps. First, they separate everyone and talk to each person alone. They look for:
Law enforcement officers take photos of the scene and any physical injury. They also talk to neighbors who might have seen the domestic violence incident. This first look helps them find the primary aggressor and decide if they have enough proof for a domestic violence arrest.
California law says officers must make an arrest in domestic violence cases if they see enough proof. This means they'll arrest someone even if the alleged victim doesn't want to press charges. This rule aims to protect people who might be scared to speak up.
If both people have injuries, police try to figure out who started the fight. They look at how bad the injuries are, past domestic abuse reports, and if someone was just defending themselves. The person they think started it will face the domestic violence charges.
Probable cause means police have good reason to think a crime happened and the person they're arresting did it. In domestic violence crimes, officers find this proof through:
Even small injuries like red marks can be enough reason for arrest. Without injuries, officers might still make an arrest based on threats or messed-up rooms. Knowing about probable cause matters because challenging it might help your defense later.
After a domestic violence arrest, the police handcuff you and take you to jail. They take your fingerprints and photos, write down your info, and list your criminal charges. You must give up your personal items until your release from jail.
This feels scary, but you have rights. You can stay silent and ask for a criminal attorney. We urge you to use these rights immediately—anything you say can hurt your case later.
While you're in jail, police keep collecting evidence for your case. They save 911 calls, take statements from the alleged victim and witnesses, obtain medical reports, and capture scene photos. All this goes into a report that prosecutors use to decide what criminal offense to charge you with.
You'll stay in jail until your first court date, which must happen within 48 hours (not counting weekends). During this time in jail, it's vital to call a criminal defense lawyer who can start working on your case and maybe get you out faster.
Bail for domestic violence charges costs more than other crimes because courts take these cases very seriously. For misdemeanor offenses, bail starts around $20,000. For a felony crime, it might be $50,000 or more.
You have a few ways to post bail:
If you can't afford bail, your criminal defense attorney can ask for a lower amount based on your ties to the community and clean criminal record.
Sometimes, you might get out of jail without paying bail. This is called release on your own recognizance (OR). To qualify, the judge looks at whether you're a flight risk, your community ties, your job, your criminal history, and how serious your charges are.
Courts grant OR release less often for domestic violence defendants than for other criminal defendants. If you do get OR release, you'll still have strict rules to follow.
The court will set special conditions whether you pay bail or get OR release. The main one is a protective order that bans contact with the alleged victim. This gets hard if you share a home or have kids.
Other common release conditions include:
Breaking these rules can send you back to jail, add new charges, and revoke your release.
After your arrest, law enforcement agencies send reports to the District Attorney. They decide whether to file formal charges. Prosecutors review the evidence and determine if there's enough to prove domestic violence beyond a reasonable doubt.
The county attorney may file charges even if the alleged victim wants to drop the case. This "no-drop" policy exists because victims often take back claims due to fear or money concerns. Only prosecutors can decide to drop charges.
The evidence determines whether you face misdemeanor or felony charges. Cases with injuries might lead to corporal injury charges (a felony offense under domestic violence statute 273.5). Cases without visible injuries might lead to domestic battery charges (a misdemeanor domestic under code 243(e)(1)).
Other factors affecting charges include:
Stronger evidence usually means more serious charges.
Many cases end with plea deals instead of trials. A plea deal might mean reduced charges or lighter punishment if you enter a guilty plea. Common deals include:
Never accept a plea deal without talking to a domestic abuse defense attorney first. What seems like a good offer might hurt your future, affecting gun rights, job licenses, and child custody. An experienced lawyer can negotiate better terms.
Alleged victims have specific rights in the criminal justice process. They can get protection through temporary restraining orders, learn about all court hearings, attend them, and give input during sentencing. They can also get money for medical bills from the incident.
Victim Services programs through the Superior Court offer support, including safety plans, counseling help, and guidance through legal steps. While these programs aim to help victims, they sometimes make your defense harder if the alleged victim gets coaching.
Many people think the alleged victim can simply drop the charges. In truth, only prosecutors can dismiss the charges once the state files charges. Even if the victim retracts their statement or won't testify, the case might still proceed using 911 calls, photos, and witness statements.
Still, without the victim's help, prosecutors have a harder time proving charges beyond reasonable doubt. This might lead to reduced charges or dismissal. Your lawyer will check how the victim's position affects your case.
Getting a criminal defense attorney who knows domestic violence cases right after arrest can greatly improve your outcome. Early legal help lets your lawyer:
The first day or two after arrest matters most. Having a lawyer during this time gives you big advantages.
Skilled domestic violence defense lawyers use different plans based on your case:
False accusations work as a defense when there's proof the alleged victim had reasons to lie, like gaining advantage in divorce or child custody fights. Your lawyer will look for story changes and past false reports.
Self-defense applies when you reasonably thought you were in danger and used fair force to protect yourself. Your lawyer will gather proof you weren't the main aggressor.
Lack of evidence matters when prosecutors can't prove all parts of the crime. Maybe there are no witnesses besides the alleged victim, or the injuries don't match the story.
Other defenses might include violation of your rights during arrest, mistaken identity, or proving the injuries came from accidents.
A conviction for domestic violence brings both short and long-term problems. For misdemeanor crimes, you could face:
Felony domestic violence is much worse, with:
Beyond these direct penalties, a conviction creates lasting issues:
These far-reaching effects show why a strong defense matters, even for charges that seem small.
If you face domestic violence charges in Los Angeles, you need to act fast. Your choices right after arrest can greatly affect your case outcome and future. At Perlman & Cohen Los Angeles Criminal Lawyers, our criminal attorneys bring years of experience defending against domestic violence charges.
We understand these cases and know how to build defenses that protect your rights. Contact us today for a free, confidential consultation to discuss your options.
